Sometimes the most simple solution is the best outcome for everyone. Our client got into a physical altercation with her adult sister with whom she lived. The client was booked into the jail on a charge of domestic battery, but the prosecution issued a lesser disorderly conduct charge. Prior to trial, our attorney worked out an agreement that made sense for everyone, particularly our client who had no prior record. The prosecution agreed that if our client found a new place to live, the charges against her would be dismissed. Fortunately, our client located a new apartment. We provided a copy of the new lease to the prosecutor, who dismissed the case against her.
Criminal Domestic Case Amended, Dane County
The Dane County Sheriff's Department arrested our client for a domestic disturbance with his wife. The couple got into an argument while driving. Our client was accused of calling his wife names and punching the dashboard. Our client, who called 911, told police his wife hit him during the incident. The District Attorney's Office filed a criminal charge of domestic disorderly conduct against him. Although we thought our client had a very good trial case, he was worried about trial risks and the possibility of collateral consequences if convicted of a criminal offense. Attorney Tim Verhoff negotiated an outcome that helped the client meet his goals of avoiding a criminal conviction and any collateral consequences without risk. Under the terms of a settlement agreement, the prosecutor amended the criminal charge to a non-criminal ordinance violation, which is the legal equivalent of a traffic citation and the client agreed to pay a modest forfeiture. When our attorney let the client know of the outcome, he told our lawyer it exceeded his original expectations for the case.
Domestic Criminal Case Dropped, Dane County
In this case, the client was with his wife at a bar in downtown Madison. An employee at the bar flagged down a member of the Capitol Police Department and reported a disturbance between them. The client was arrested and charged with domestic disorderly conduct. After our attorney reviewed the police reports and discussed the inconsistent witness statements with the District Attorney, the prosecution agreed to amend the criminal charge to a non-criminal violation that is legally equivalent to a parking citation. For penalty, the judge did not even impose a fine, but simply imposed court costs.
DOMESTIC BATTERY, CRIMINAL DAMAGE AND DC WHILE ARMED DISMISSED
In this Dane County case, the client's mother contacted our office after she learned criminal charges had been filed against her adult son. In speaking with the mother, our attorney learned her son had significant cognitive issues. The charges, which stemmed from an incident between the client and his mother, were considered domestic in nature. Based on the information our attorney received, it appeared the client likely was not competent to stand trial, or if competent, he was likely not guilty by reason of mental disease or defect (NGI), as the behavior was directly related to his cognitive issues. Prior to the initial appearance in the case, Attorney Verhoff met with supervisors at the Dane County District Attorney's Office. He provided documentation to the prosecution about the client, as well as additional background regarding the incident. After considering the information our attorney provided, prosecutors agreed to dismiss all charges against the client at the initial hearing. This case is another good example in which the prosecution doesn't always have all the necessary information when making a charging decision. Hiring an attorney early in the process can be instrumental in the ultimate outcome and spare folks months of anxiety associated with being the subject of a criminal prosecution or the family member of a person being prosecuted.
Domestic Charges Dismissed, Dane County
Law enforcement arrested our client after he had an argument with his wife during which he was alleged to have damaged property in the residence. Although his wife did not want the client prosecuted, he was taken to jail. Prosecutors charged him with domestic disorderly conduct and criminal damage to property. Between the time of the arraignment and the final conference, the client took our lawyer's advice and enrolled in counseling. At the last hearing before trial, Attorney Tim Verhoff was able to convince the prosecution, who originally wanted the client to plead to the criminal charges, to dismiss the case outright. Both the client and his wife were extremely satisfied with the outcome.
Felony Domestic Dismissed in Marathon County
Many people can picture this situation. Our client and his wife were stayed at a hotel in Wausau for a youth sporting event. After the games that day, many of the parents spent the night consuming alcohol. It was during this time our client and his wife got into a verbal argument. As she approached him, he grabbed her by the arms and held her down on the bed to prevent her from hitting him. Another parent heard the fight and called police.
Our client was arrested and prosecutors charged him with a felony for false imprisonment, as well as a misdemeanor disorderly conduct. The client hired Attorney Verhoff upon the advice of a local prosecutor. Attorney Verhoff engaged with the assistant district attorney in Marathon County and explained that he believed he could defend the case arguing self-defense. He also provided significant background to the prosecutor about the client. Prior to trial, the district attorney agreed. He extended an offer too good to refuse. He agreed to dismiss the felony and have the client participate in a deferred prosecution agreement on misdemeanor disorderly conduct. Provided our client stays out of trouble for the next year, the remaining charge will be reduced to a non-criminal ordinance violation, the legal equivalent of a parking ticket, and pay a $5.00 forfeiture. As an avid hunter, our client was thrilled to avoid a felony conviction or conviction for a domestic criminal offense, which would have resulted in the loss of his firearm rights.
All Around Victory: OWI Reduced to Reckless, DC and Refusal Dismissed
Law enforcement stopped our client for what is termed a "rolling domestic." He and his girlfriend were having an argument in the car, and she called police. Upon arrival, law enforcement pulled him over and asked him to step out of the car. The police began questioning the client about what happened. Officers also smelled an odor of intoxicants, and the client admitted to consuming alcohol at dinner. Authorities then asked him to submit to field sobriety tests, but he refused. He also refused to submit to a chemical analysis of his breath.
The client was arrested on a criminal charge of disorderly conduct, an OWI-first and the refusal to agree to a chemical analysis of his breath. Attorney Verhoff spoke with prosecutors at the time of charging, and they agreed not to charge a criminal offense. Instead, the District Attorney issue an ordinance violation on the disorderly conduct. As the case unfolded, our attorney was able to convince the prosecution to amend the OWI charge to a citation for reckless driving, dismiss the refusal, and dismiss the disorderly conduct citation. In the end, the client paid a modest fine on the reckless driving, but avoid a conviction for an OWI and the refusal, as well as a criminal charge, and the accompanying license implications and associated fines.
Dane County Domestic Case Dismissed Before Initial Appearance
In this case, our client was arrested for a domestic disturbance involving his wife. After reviewing the case, the Dane County District Attorney's Office filed a non-criminal charge called County Disorderly Conduct against him. At the time, the client had a different attorney, who appeared and entered a not guilty plea on the client's behalf. Shortly after the initial appearance, the prosecution contacted the client and informed him the non-criminal charge would be dismissed. Then came the bad news: the prosecutor told our client he would be filing a criminal charge against him.
The client decided to look for new legal representation. Upon advice from a friend, he contact our office. Attorney Verhoff immediately contacted the District Attorney's Office. Although the criminal case had been filed at that time, our client had not yet been to court. Through negotiations, our attorney was able to convince the prosecution to delay the initial appearance. He then was able to get the prosecutor to agree to dismiss the charge before the formal court appearance upon condition the client met certain conditions. As negotiated, on the day of the initial appearance, the case was dismissed. The client may now truthfully answer that he was never charged or convicted of a criminal offense.
Domestic Battery and Disorderly Conduct Declined
A recent case is yet another example of why you should not wait until you are charged with a criminal offense to call our office. In this case, police in Dane County arrested our client for domestic battery and disorderly conduct after a physical argument with his adult daughter. The client contacted our office several days before his first court hearing. He provided Attorney Verhoff with significant details about what transpired, the history of problems with his daughter, and other details about himself and his family. Attorney Verhoff then met with the assistant district attorney who was tasked with making a charging decision. Fortunately, he was able to meet with her before a decision had been made. He provided the prosecutor with background detail and indicated, based on his knowledge of the case, a self-defense claim could be mounted on behalf of our client. After meeting with our lawyer, the prosecutor reviewed the case. She decided not to file any charges in the matter and contacted our lawyer to let him know. She even thanked him for providing her with important background information, not contained in the reports, that played part of her decision to decline the charges.
Assault Case Dismissed in Dane County
What started out as a fun night with friends ended with our client arrested and in jail. But that is not the end of the story. Our client went out to celebrate a friend's birthday. Included in the group was the client's former roommate. By all accounts, everyone in the group had consumed a fair amount of alcohol that evening. After taking a taxi cab home, our client and the former roommate got into a physical confrontation. Police arrested our client and booked her into jail on charges of domestic battery and domestic disorderly conduct. The case was considered "domestic" because the altercation involved a person with whom the client previously lived, even though they were not romantically involved. The client posted bail and was released from custody. Before charges were actually issued, however, she hired our firm. Attorney Verhoff immediately contacted the District Attorney's Office. His goal was to convince the prosecutor assigned to make the charging decision that the case lacked merit and should not be charged. His efforts were partially successful. The prosecutor met with Attorney Verhoff and understood there were proof problems. Rather than filing criminal charges, the prosecutor filed a non-criminal citation for violating the county code of ordinances. This was a partial win for the client because she knew she would not be convicted of a crime under any circumstance. After making the initial appearance in court, Attorney Verhoff again met with a representative with the District Attorney's Office and brokered a deal. If our client did an alcohol assessment, the prosecution would agree to dismiss the case. But Attorney Verhoff did not stop there. He waited a few weeks and met with the prosecutor assigned to the case for trial. He informed the prosecutor that our client would be willing to undergo an alcohol assessment to achieve a dismissal. But he again explained why he thought the case lacked merit. This time, the assigned prosecutor listened and dismissed the case. The client was not required to incur the additional expense of an alcohol assessment and was thrilled that this case resulted in an outright dismissal.
Disorderly Conduct Case Dismissed - Domestic Injunction Dismissed
Our client struck up a relationship with a woman and moved to Madison to live with her. Unfortunately, after several months, things were not working out. On a recent weekend, our client, his girlfriend and some friends attended a festival. He and his girlfriend got into a verbal argument at the festival. When they got home, she told him the relationship was finished and he needed to move out. Several days passed as our client searched for a new place to live. Fed up, the girlfriend called the police and reported that the client had threatened to harm her at the festival several days before. Police arrested our client for disorderly conduct and prosecutors filed charges against him. That same day, his girlfriend petitioned for a domestic abuse injunction. He moved out and immediately contacted Chirafisi & Verhoff. Our lawyers met with the girlfriend prior to the injunction hearing. After our lawyers discussed the situation with her, she agreed to voluntarily dismiss the injunction. Our lawyers then discussed the disorderly conduct charges with the prosecution. Our lawyers told the prosecutor that if the case went to trial, we would argue that the girlfriend’s decision to seek an injunction and call the police was not because she was disturbed by the client’s behavior at the festival. Rather, she was simply using the system as a mechanism to get him out of the residence. After meeting with our lawyers, the prosecutor agreed he could not go forward and dismissed the disorderly conduct charge.